Case details

Family: No speed reduction posted near school caused fatal crash

SUMMARY

$60000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
death
FACTS
On March 16, 2016, plaintiffs’ decedent Alex De La Cruz, 14, a student, was struck by a sport utility vehicle. The incident occurred while he was crossing the intersection of Bear Valley Road and Navajo Road, adjacent to Apple Valley High School, in the town of Apple Valley. Alex suffered a fatal injury. Alex’s father, Stephen De La Cruz, and stepmother, Jennifer De La Cruz, acting in Alex’s behalf, sued the SUV’s driver, Luis Contreras; the believed owner of Contreras’ vehicle, Victoria Contreras; the high school’s operator, the Apple Valley Unified School District; and the believed maintainers of the intersection, the town of Apple Valley and the California Department of Transportation. The lawsuit alleged that Luis Contreras was negligent in the operation of his vehicle and that Victoria Contreras was vicariously liable for Luis Contreras’ actions. The lawsuit also alleged that the town, county and Department of Transportation failed to properly repair and/or maintain the intersection, creating a dangerous condition of public property. Alex’s biological mother, Summer Johnson, filed a separate suit against Luis Contreras, Victoria Contreras, the town of Apple Valley and the school district, as well as against San Bernardino County. The lawsuit alleged that Luis Contreras was negligent in the operation of his vehicle, that Victoria Contreras was vicariously liable for Luis Contreras’ actions, and that the town and county failed to properly repair and/or maintain the intersection, creating a dangerous condition of public property. The matters were consolidated. Jennifer De La Cruz was dismissed from the case, leaving Johnson and Stephen De La Cruz as plaintiffs. The Contrerases also failed to file an answer, and default judgment was taken against them by Stephen De La Cruz. In addition, Caltrans, the school district and the county were either never served or were dismissed almost immediately. The matter ultimately continued with Johnson and Stephen De La Cruz’s claims against the town of Apple Valley only. Plaintiffs’ counsel contended that the town knew of the intersection’s dangerous condition but made no attempts to change it. Counsel also contended that, given the proximity of the school on that section of Bear Valley Road, the town was negligent for not having a sign posted near the school, at least 500 feet before the intersection, reducing the speed to 25 mph. The town’s counsel contended that all necessary safety measures, including pedestrian lights and signs urging caution, were met for the intersection. Counsel also contended that the distance between Apple Valley High School’s main entrance and the intersection disqualified that stretch of Bear Valley Road from being designated as a school zone. In addition, counsel argued that Alex was partially to blame for crossing against a red light. Plaintiffs’ counsel noted that plaintiff’s and defense counsel both listed accident-reconstruction and traffic engineering witnesses, but that after discovery, the town’s counsel declined to present any experts at trial. Plaintiffs’ counsel also contended that the town’s counsel claimed to have a surprise witness, who allegedly said that Alex crossed on a red light, and used that witness as their last one, but the witness was ultimately impeached after admitting that Alex crossed on a green light., Alex sustained traumatic and was transported to St. Mary Medical Center, part of the St. Joseph Health System, in Apple Valley. He was then flown to Loma Linda University Medical Center, where he died. Alex was 14 years old. He was survived by his father, Stephen De La Cruz; mother, Summer Johnson; and stepmother, Jennifer De La Cruz. Johnson and Stephen De La Cruz divorced when Alex was first born. Alex lived with his mother for seven years and then lived with his father for seven years. Alex’s family sought recovery of wrongful death damages for the loss of their son. They sought recovery of a minimum of $3 million in past noneconomic damages and $30 million in future noneconomic damages. However, the jury was tasked with having to value the parents’ loss of love, companionship, care, comfort and society, and were free to arrive at its own valuation of the damages. According to plaintiffs’ counsel, the town’s counsel suggested that if the jury found the town liable for the accident, it should pay to send the parents to a retreat each year to remember Alex.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case